Confirmation needed for EB2/EB3 qualification.

W

whatgc?

New Member
Hi,
 This EB2/EB3 stuff is kinda confusing... and lawyer does a great job in the confusion :).
Anyway.. here is the situation.
The minimum requirements says you need BS + 2 yrs experience in Engg/CS/IT etc + bunch of other stuff with software development.
Now, I have a MS+3, can I in anyway qualify for EB2 category...
If so, do I make some changes to the labor description/requirement.

Rumor1:1. MS = BS + 2 (ad says)
and for EB2 min req. is MS or BS + 5 ( progressive)
So how can I qualify for EB2 ?
Rumor2:. MS + 3 = BS + 5
ad. needs to be changed to read BS + 5 to get EB2 qualification.
or MS + 3 ? so that I can qualify...
Rumor 3: It all depends on the company and the position.
if position says..
ad says. BS +2 and I have MS then you can qualify for EB2.

Guys... please enlighten me... whats the story here...Am I barking up the wrong...
Any good suggestion greatly appreciated.
 
The requirements must be the minimum that the company will accept for the position offered

Just because your qualification exceed the minimum for the position does not qualify you for EB-2 if the position does not require a Masters or a BS +5 years progressive experience. To work it another way would be similar to someone who has a bachelors degree to say that their qualified for an H-1 when the position is for a janitor. A janitor position does not require a bachelors degree and INS is not going to believe it does under any circumstance. Likewise, if the position offered does not require a masters degree, it does not permit an EB-2 filing, regardless of your qualifications.

Jim
 
EB2/EB3 eligibility

I agree with Jim. It has happened to our company and still my employer is following the same rule.
-Srini
 
Got the Point ... JimM

Thanks for the clarification. I also read somewhere that not only the company requirements matter but also the requirements in that industry for that position.

What perplexes me is this :
In some companies, I have actually seen this.
You have a bunch of people working with same job title but different experience levels and qualifications. Some qualify for the min requirements (say BS + 2), others with MS + 1 or 5. Is it justified to have the minimum requirements of BS + 5 or MS + 2
for that position, when there are several co-workers not matching the minimum requirements. Is it OKAY ? or they were just lucky to get thier labor approved.
Please Advise
 
Minimum requirements

If the minimum requirements are BS +1 anyone with greater credentials qualify. If SESA/DOL gets 2 LCs from the same employer and both are for "Software Engineers" but one states that the minimum requirements ar BS +3 while the other says BS +5 or MS +1, there may be questions regarding tailoring the requirements to the individual and this could lead to denial of the LC.

It doesn\'t happen much but it could.

Jim
 
Better Explanation from attorney

Question submitted by gcwaiting:
With the minimum requirements saying B.S + 2 or MS, can I qualify for EB2 category eventhough I have MS + 3. I heard the category is determined by the requirements of the company. So having just an MS requirement can I qualify with MS +2 . Any input greatly appreciated

Answer from Lorenzo_Lleras:
Hi gcwaiting - If you asked anybody in our office, our worst legal boogey monster is the EB-2. Why? Everybody wants it and everybody misunderstands it. The EB-2 is not determined by what the company requires. The EB-2 is determined by what the company requires AND the normal requirements for that type of position across the industry (i.e. at other companies). Just because your company says they want somebody with an MS does not mean that the position is an EB-2. The real question is whether companies in that industry ALWAYS normally require the MS for that type of position. If the answer is no, forget the EB-2. Finally, to answer your question, a BS + 2 or MS would not qualify as an EB-2 position.
 
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